Why is the USPTO so inconsistent, contradicting and unreliable about PHOSITA?

Your perceived variability of "obviousness" outcomes is NOT "preventing [you] from being an inventor. You are preventing you from being an...

Is my company infringing on a trademark?

The fact that you've located one other user of "PeerAmid" is interesting but wholly insufficient to determine whether you can lawfully use that...

Image licensing and derivative works

Q1: Changing "the contrast of the image" is very likely merely a technical alteration that is insufficiently creative to define the altered image...

Is this a copyright infringement of some sort, or what can we do?

You've described the classic tort of "reverse passing off" -- that is, the removal of a product's branding and its re-sale with either no branding...

Can my trademark registration remain valid if my product is only available at my store and the sales volume is not very high?

As my colleague notes, a branded product must be sold in interstate commerce for its trademark to qualify for federal trademark registration. While...

My colleagues correctly note that the contract you entered into with eBay dramatically restricts – if not forbids – your right to complain about,...

In all cases, trademark descriptiveness is determined in relation to the goods or services for which registration is sought. So, yes, when...

Yes, you would violate the law. Affixing the racol [the “r” in a circle ®] on products or in advertising for products branded with a mark that’s...

Nomenclature is important. At least for legal purposes there is no such thing as a “sub-domain.” In your first example of...

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Can Student Organizations use College names under Trademark fair use?

The trademark "fair use" doctrine is codified at 15 U.S.C. section 1115(b)(4). The relevant portion provides that it's a complete defense to an...